The Homeowners Association’s Right to Access the List of Delinquent Members in the Philippines (A comprehensive legal briefing as of 13 June 2025)

I. Context and Importance

Homeowners associations (HOAs) collect regular dues to fund the upkeep of common areas, security, utilities, and community projects. When members fall behind, the association must know who is delinquent and by how much so it can (a) protect its cashflow, (b) determine voting eligibility, and (c) decide whether to impose penalties or begin collection suit. Members in good standing, on the other hand, have a strong interest in verifying that the board is enforcing the rules even-handedly.

II. Statutory Foundations

Key Law	Provision(s) relevant to inspection	Salient points
Republic Act No. 9904 (Magna Carta for Homeowners and Homeowners Associations, 2009)	• § 7(f) – power of an HOA to levy and collect dues
• § 20 (b)(3) – “Every member shall have the right to inspect association books and records, including financial statements.”
• § 27 – board’s duty to keep accurate and updated records	Establishes the baseline right of access and the board’s record-keeping obligation.
RA 10173 (Data Privacy Act of 2012) & NPC Circular 16-01	Personal data must be processed “for a declared, specified, and legitimate purpose.”	Requires balancing transparency with privacy; allows disclosure within an HOA when the purpose is legitimate and proportional.
RA 4726 (Condominium Act)	§ 25 – analogous right of inspection for condominium corporations	Courts apply the same logic by analogy to HOAs.
Civil Code Arts. 1803, 1805 (Partnership analogy)	Partners may demand an accounting “at any reasonable time for a proper purpose.”	Cited by HLURB/DHSUD adjudicators to reinforce a member’s inspection right.

Note: Since 2020 the Housing and Land Use Regulatory Board (HLURB) has been absorbed by the Department of Human Settlements and Urban Development (DHSUD). Existing HLURB rules, including Board Res. No. 876-2011 (IRR of RA 9904), remain in force unless amended.

III. Who Is a “Delinquent Member”?

RA 9904 lets the by-laws spell out the grace period and amount that trigger delinquency. In the absence of a specific clause, the IRR supplies a default: 90 days’ arrears or ₱ 10,000, whichever comes first. Delinquents:

lose the right to vote and to be elected (§ 18, RA 9904);
may be charged surcharges or interest (by-laws);
remain liable for the unpaid dues plus costs of collection.

IV. Members’ Right to the List

Scope of the right
- The list forms part of the “books and records” contemplated by § 20 (b)(3) of RA 9904.
- It includes names, unit or lot numbers, amount and age of arrears, and status (in dispute, on payment plan, etc.).
Who may request?
- Any member in good standing.
- Delinquent members themselves may also request their own records under the Data Privacy Act.
Form of request
- Written request stating a “legitimate purpose” (IRR, Rule VII § 2).
- Purpose examples: verify quorum for elections; verify selective enforcement; prepare platform as candidate; cross-check billing.
Timeframe for compliance
- Ten (10) working days is the standard adopted in most HOA by-laws and echoed in several HLURB decisions.
Mode of access
- Photocopy or digital copy at member’s expense or supervised inspection at the clubhouse/office.
- Associations may redact address, telephone, or email if not needed for the stated purpose, to comply with the Data Privacy Act.
Grounds to refuse or limit
- Request is plainly harassing or frivolous.
- Data sought will be used for commercial solicitation.
- The requesting member is delinquent and the purpose is unrelated to election or financial oversight.

V. Confidentiality vs. Transparency

Principle	Practical application to delinquent list
Legitimate purpose (NPC Advisory 2017-01)	Access to confirm voting eligibility is “legitimate”; publishing in a public Facebook page is not.
Proportionality & data minimisation	Provide only the fields required (name, lot no., arrears); omit phone numbers unless collection requires them.
Accountability	Keep a log of who inspected, when, and what documents were given.

Failure to observe privacy safeguards exposes the association (and possibly the secretary) to NPC fines up to ₱ 5 million per violation plus damages.

VI. Jurisprudence and Administrative Rulings

Case / Ruling	Gist
HLURB Case No. REM-0616-0042, Dela Cruz v. Pleasant Park HOA (2018)	HOA was ordered to furnish the delinquency list after the board refused “for privacy reasons”. HLURB held the list is part of statutory books; privacy law “does not bar disclosure within the closed community.”
HLURB Case No. HOA-1120-0021, Santos v. La Vista Phase III HOA (2020)	Sanctioned the board for posting the list on a publicly viewable bulletin beside the village gate: disclosure beyond membership violated proportionality.
CA-G.R. SP No. 167321, Greenwoods Executive Village HOA v. HLURB (2023)	Court of Appeals affirmed HLURB order compelling production; reiterated that a member need not prove wrongdoing before inspection—the right is preventive, not reactive.

(While Supreme Court jurisprudence is still sparse, these rulings enjoy persuasive weight.)

VII. Procedural Remedies When Access Is Denied

Internal grievance under the by-laws (often a 15-day resolution period).
Mediation at DHSUD Regional Office (Rule IV, 2021 DHSUD Revised Procedures).
Adjudication – file a verified complaint; penalties may include fines of ₱ 5,000/day of non-compliance plus attorney’s fees.
Special civil action for mandamus in the RTC if urgent, particularly when election is imminent.

VIII. Interaction with Elections and Governance

Eligibility check – Only members in good standing appear on the “voters’ list” (RA 9904 § 18). The delinquent list is the inverse, so inspection ensures no ineligible voter slips through.
Challenge period – By-laws usually give 5–7 days for written challenges; the delinquent list must therefore be available before that window closes.

IX. Best-Practice Checklist for Boards and Secretaries

Maintain a rolling, real-time delinquency ledger; update within 48 hours of any payment.
Adopt a written “Records Inspection Policy” referencing RA 9904 and NPC guidelines.
Use a request-and-receipt form to document purpose, date, and scope.
Provide a redacted copy if the purpose can be met without full personal data.
Encrypt digital files and watermark PDFs with the requesting member’s name to discourage improper dissemination.
Post a summary, not full details, on community bulletin boards—e.g., “Total delinquent accounts: 47; aggregate arrears: ₱ 1.32 M.”

X. Liability of Officers for Non-Disclosure

Violation	Statutory basis	Possible sanction
Unjustified refusal or delay	§ 20 (b)(3), § 27, RA 9904	Fine up to ₱ 300,000, suspension of registration, removal of officers
Improper public disclosure	RA 10173; NPC Circular 16-03	NPC fines, criminal liability (imprisonment 1–3 years)
Falsification of records	Art. 171, Revised Penal Code	Reclusion temporal + civil damages

XI. Special Considerations for Condominiums and PUDs

The Condominium Act (RA 4726) treats the unit owners’ association as a non-stock corporation. Thus, § 74 of the Corporation Code (RA 11232) on inspection also applies, expanding the scope beyond RA 9904. Corporations are given five (5) days to comply and the SEC—not DHSUD—has jurisdiction over violations.

XII. Conclusion

Under Philippine law, the delinquent members list is not a secret document; it is a statutory record that any legitimate HOA member may examine. Boards must honor inspection requests promptly while applying data-privacy safeguards. Conversely, members must wield the right responsibly—using the information solely for community governance and not for personal gain or public shaming. Where either side fails, DHSUD (or the SEC for condominiums) stands ready to enforce compliance and penalize abuse.

This article reflects laws, rules, and jurisprudence effective as of 13 June 2025. It is for general guidance and does not constitute legal advice; seek counsel for specific cases.